Sec 28 to 36 (Chapter V )The Madhya Pradesh Accommodation Control Act, 1961

28. Appointment of Rent Controlling Authority. -

(1) The Collector shall, with the previous approval of the State Government appoint an officer, not below the rank of Deputy Collector to be the Rent Controlling Authority for the area within his jurisdiction to which this Act applies.

(2) The Collector may, with the previous approval of the State Government, appoint, from amongst officers, not below the rank of a Deputy Collector, one or more Rent Controlling Authorities, as he deems fit to assist the Rent Controlling Authority appointed under subSection (1).

29. Powers of Rent Controlling Authority. -

(1) The Rent Controlling Authority shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), in any proceeding before it in respect of the following matters, namely:

(a) summoning and enforcing the examining him on oath;

(b) requiring the discovery and production of documents;

(c) issuing commissions for the

(d) any other matter which may and any proceeding before the Rent Controlling Authority shall be deemed to be a judicial proceeding within the meaning of Section 193 and Section 228 of the Indian Penal Code, 1860 (XLV of 1860), and the Rent Controlling Authority shall be deemed to be a civil Court within the meaning of Section 480 and Section 482 of the [Code of Criminal Procedure, 1898 (V of 1898).]

(2) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Controlling Authority may,-

(a) after giving not less than twenty-four hours' notice in writing, enter and inspect any accommodation at any time between sunrise and sunset; or

(b) by written order, require any person to produce for his inspection, all such accounts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order.

30. Procedure to be followed by Rent Controlling Authority. -

(1) No order which prejudicially affects any person shall be made by the Rent Controlling Authority under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Rent Controlling Authority.

(2) In all proceedings before if, the Rent Controlling Authority shall consider the question of costs and award such costs to or against any party as the Rent Controlling Authority considers reasonable.

31. Appeal to District Judge or Additional District Judge. -

(1) An appeal shall lie from every order of the Rent Controlling Authority made under this Act to the District Judge or an Additional District Judge having territorial jurisdiction (hereinafter referred to as the Judge) and the decision of the appellate Court shall be final.

(2) An appeal under sub-Section (1) shall be preferred within thirty days from the date of the order made by the Rent Controlling Authority :

Provided that in computing the period of thirty days the period requisite for obtaining a copy of the order shall be excluded :

Provided further that the Judge may for sufficient reasons allow an appeal after the expiry of the said period.

32. Second appeal. -

A second appeal shall lie against any order passed in first appeal under Section 31 on any of the following grounds and no other, namely:

(i) that the decision is contrary to law or usage having the force of law; or

(ii) that the decision has failed to determine some material issue of law; or

(iii) that there has been a substantial error or defect in the procedure as prescribed by this Act, which may possibly have produced error or defect in the decision of the case upon merits.

33. Amendment of orders. -

Clerical or arithmetical mistakes in any order passed by a Rent Controlling Authority or the Judge or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Rent Controlling Authority or the Judge on an application received in this behalf from any of the parties or otherwise.

34. Rent Controlling Authority to exercise powers of Magistrate for recovery of fine. -

Any fine imposed by a Rent Controlling Authority under this Act shall be paid by the person fined, within such time as may be allowed by the Rent Controlling Authority and the Rent Controlling Authority may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the [Code of Criminal Procedure, 1898 (V of 1898)], and the Rent Controlling Authority shall be deemed to be a Magistrate under the said Code for the purposes of such recovery.

[35. Rent Controlling Authority to exercise powers of Civil Court for execution of other order. -

Save as otherwise provided in Section 34, an order made by the Rent Controlling Authority or an order passed in appeal under this Chapter or in a revision under Chapter III-A shall be executable by the Rent Controlling Authority as a decree of a Civil Court and for this purpose, the Rent Controlling Authority shall have all the powers of a Civil Court.]

36. Finality of order. -

Save as otherwise expressly provided in this Act, every order made by the Rent/Controlling Authority shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceeding.